The 1st Amendment pertaining to Freedom of Speech has had exceptions made to this precious freedom over the years... and for good reason. This is why our forefathers created a document that not only outlined our American way of life but made it flexible for future generations. The 1st Amendment was amended in 1941 in Chaplinsky v. New Hampshire.
The Court, in a unanimous decision, Justice Frank Murphy advanced a “two-tier theory” of the First Amendment. Certain “well‐defined and narrowly limited” categories of speech fall outside the bounds of constitutional protection. Thus, “the lewd and obscene, the profane, the libelous,” and (in this case) insulting or “fighting” words neither contributed to the expression of ideas nor possessed any “social value” in the search for truth.
Justice Murphy wrote:
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being." If a publication of information is false, then a tort of defamation might have occurred.
It is because of this landmark decision that I have suggested that Sandra Fluke sue Rush Limbaugh for violation of her freedoms under the 1st Amendment. Wouldn't it be nice to never hear his voice over the airwaves again? AHHHHHHHHHHHH Peace and Quiet.
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